S T A T E O F N E W Y O R K
________________________________________________________________________
5977
2011-2012 Regular Sessions
I N A S S E M B L Y
March 3, 2011
___________
Introduced by M. of A. BURLING, MOLINARO, DUPREY, KOLB, CASTELLI,
D. MILLER, McLAUGHLIN, CALHOUN -- Multi-Sponsored by -- M. of A.
BARCLAY, GIGLIO, HAWLEY, HAYES, JORDAN, McDONOUGH, MONTESANO, OAKS,
PALMESANO, RABBITT, RAIA, SAYWARD, TEDISCO, THIELE -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to political use of
state aircraft by certain state officers and employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 18 of section 73 of the public officers law, as
amended by chapter 14 of the laws of 2007, is renumbered subdivision 19
and amended and a new subdivision 18 is added to read as follows:
18. NO STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER
OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE MAY USE OR DIRECT THE USE OF
STATE AIRCRAFT FOR POLITICAL PURPOSES.
19. In addition to any penalty contained in any other provision of
law, any person who knowingly and intentionally violates the provisions
of subdivisions two through five, seven, eight, twelve or fourteen
through [seventeen] EIGHTEEN of this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars and the value
of any gift, compensation [or], benefit [received] OR USE OF STATE
AIRCRAFT in connection with such violation. Assessment of a civil
penalty hereunder shall be made by the state oversight body with juris-
diction over such person. A state oversight body acting pursuant to its
jurisdiction, may, in lieu of a civil penalty, with respect to a
violation of subdivisions two through five, seven [or], eight OR EIGH-
TEEN of this section, refer a violation of any such subdivision to the
appropriate prosecutor and upon such conviction such violation shall be
punishable as a class A misdemeanor.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03413-01-1